Guest House CU-06-51.doc
CITY OF EDMONDS
PLANNING DIVISION
GUEST HOUSE PERMIT
FILE # CU-06-51
APPLICANT Sabina Norton
PROPERTY LOCATION 806 Cary Road
PROJECT DESCRIPTION Guest House Permit (Administrative Conditional Use Permit)
A. INTRODUCTION:
The owner currently has an approximately 108,000 square foot lot that
has an existing house and a duplex on it (see Attachment 4). According to the Snohomish
County Assessor’s records, the single-family residence (806 Cary Road) was constructed in
1936 and has 3 bedrooms (see Attachment 3). The duplex (816 and 818 Cary Road) was
built in 1939 and has two bedrooms. County records did not confirm that this structure is a
duplex.
This lot is constrained for development since Cary Road is too narrow to allow a subdivision
of the property, and the east end of the property has wetlands and Shell Creek on it.
The owners would like to demolish the existing duplex and would like to construct a new
single-family residence approximately where the duplex sits now. While that home is under
construction, they would like to live in the existing single-family residence (see Attachment 2).
When the new home was complete, they would then like to convert the existing residence into
a guest house.
B. ANALYSIS:
1. Facts:
a) This lot is in the Single-Family Residential (RS-12) zone.
b) Guest houses are allowed in Single-Family Residential zones with a Conditional
Use Permit by Section 16.20.010.D.2. of the Edmonds Community Development
Code (ECDC).
c) Guest houses are defined in ECDC 21.35.030 as follows:
Guest house means a detached structure with not more than two
bedrooms, accessory to a single-family dwelling, having no kitchen
facilities, used primarily for sleeping quarters, not occupied by paying
tenants, and located on a lot of at least 20,000 square feet in area.
d) The following paragraphs address how the proposal meets that definition:
Guest house shall be a detached structure:
1. The proposed guest house will
be detached from the proposed new single-family residence.
Guest house shall have no more than two bedrooms:
2. The existing house
has three bedrooms according to the Snohomish County Assessor’s records
(see Attachment 3). Those records also note that the first floor has 1172
square feet, the second floor has 322 square feet, and the basement has 575
square feet. To qualify as a guest house, the house would need to have only
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two bedrooms. No floor plans have been submitted, but it seems likely that a
bedroom could be combined with another room to eliminate the third bedroom
and reduce the number of bedrooms to two. While the structure is being used
as a single-family home, there is no prohibition against three bedrooms.
However, a condition of approval for the guest house will be that the house
shall have no more than two bedrooms.
Guest house shall be accessory to a single-family dwelling:
3. An Accessory
use is defined as “… a use incidental and subordinate to the use of the main
building on the same lot.” The applicant is requesting to use the house as a
single-family dwelling until the new home is completed. At that point, it will
be converted to a guest house and the use will be incidental and subordinate to
the use of the main house.
Guest house shall have no kitchen facilities:
4. The proposed guest house
currently has kitchen facilities. In order to meet the definition of guest house,
these will need to be removed. The applicant has stated her intent to do this,
but wishes to retain the kitchen facilities during the construction of the new
house. Removal of the kitchen facilities shall be a condition of approval.
The guest house shall be used primarily for sleeping quarters:
5. The
structure is currently being used as a single-family residence. With the
building permit to convert the house to a guest house, the floor plans will be
reviewed to insure that the guest house is being used primarily for sleeping
quarters.
The guest house shall not be occupied by paying tenants:
6. This condition
means that the guest house cannot be rented out on a short term (such as a bed
and breakfast) or on a long-term basis. The applicant has stated their intent to
comply, and compliance will also be a condition of the permit.
A guest house can only be located on a lot with at least 20,000 square feet
7.
in area:
The subject site has approximately 108,000 square feet and complies
with this requirement.
e) This site is also governed by ECDC Chapter 17.40 regarding Nonconforming
Uses, Buildings, Signs and Lots, which reads as follows:
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one which was once allowed by
applicable land use regulations, but is no longer allowed, due to the
passage or later change of this zoning ordinance and where applicable
its predecessor.
B. Continuation. A nonconforming use may continue, unless required
to be abated by subsection C of this section, but it may not be expanded
in any way, including additional lot area, floor area, height, number of
employees, equipment, or hours of operation except as otherwise
provided in ECDC 17.40.050.
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f) The owners can continue with the two buildings as they currently exist, under the
nonconforming chapter.
g) If the owners want to remove the duplex, then any new construction will have to
meet current codes.
h) The Single-Family Residential zones only allow one single-family dwelling unit
per lot.
i) Cary Road is a private road. The portion of Cary Road just south of this site has
a legal description on the Snohomish County website that describes a width of 16
feet for the road.
j) Section 18.80.010 ECDC requires that roads in the RS-12 zone which serve 10 to
15 homes must have a minimum right-of-way width of 40 feet. No additional lots
can be created on Cary Road until the road is widened.
k) A critical areas determination was made under file CA-1995-245 for 806 Cary
Road, which determined that a critical areas study was required due to Shell Creek
and its associated wetland.
l) A wetland delineation was submitted dated May 14, 1993, prepared by Pentec
Environmental.
m) An updated report by Pentec Environmental has been submitted dated May 2,
2006, addressing the Wetlands and Fish and Wildlife Habitat Conservation Area
under the current regulations.
n) The map in the revised Pentec report shows the wetland and its buffer taking
approximately half of the area of the subject site.
o) The applicant has applied for a demolition permit of the duplex at 818 Cary Road
under file BLD20060683.
p) The applicant has applied for a building permit for a new single-family residence
under file BLD20060682. The address for the new house will be 812 Cary Road.
q) No letters of comment have been received.
2. Conclusions:
a) This site is unusual in that the proposed guest house is an existing single-family
house. Since the two buildings currently exist, the city will allow the proposed
guest house to be continued as a single-family residence. However with the duplex
being torn down and a larger structure proposed, the site has to come into
conformance with the requirements for a single-family lot.
b) If the access met current standards, the applicant would have the opportunity to
subdivide the property and create two lots for the two houses. However, the 16-
foot roadway does not provide adequate access to allow for a subdivision.
c) Staff notes that the house at 806 Cary Road currently does not meet the definition
of a guest house since it has a kitchen and three bedrooms. However, staff knows
of no reason why the house could not be converted to a guest house.
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d) In order to approve the building permit for the new single-family residence on this
lot, the city will need to have assurances from the applicant that the existing
single-family residence will be converted to a guest house once the new home is
complete. This can be in the form of a bond to complete the work and a covenant
for the property.
e) The city is asking to have the existing single-family residence converted to a guest
house prior to giving final occupancy to the new residence so that by the time the
final occupancy approval is given to the new house, the entire lot will meet the
Edmonds Community Development Code.
C. DECISION: Approved with the following conditions:
1. The proposed guest house (806 Cary Road) can be used as a single-family
residence while the single-family residence is being constructed on the same lot.
2. Prior to issuance of the building permit for the proposed new single-family
residence (currently file number BLD20060682) the applicant must provide
assurances to the City that the existing single-family residence at 806 Cary Road
will be converted to a guest house upon completion of the new single-family
residence. These shall include:
a) Submit a bond to remodel proposed guest house to do the following work:
1. Remove kitchen facilities;
2. Reduce the number of bedrooms to a maximum of two;
3. Insure the use is primarily for sleeping quarters.
The bond shall be in the full amount of a bid to perform the above work.
The bond shall be for a period of three years, by which time the above
work must be done.
b) Record a covenant on a form approved by the City (see Attachment 5)
stating that the proposed guest house shall meet the requirements of the
guest house definition prior to the new single-family residence being
granted final occupancy. The applicant must either:
1. Provide the city with the signed and notarized covenant and a
recording fee charge of $15 plus the County recording fee of $32 for
one page, and $1 for each page thereafter, and the City will record the
covenant; OR
2. Take the covenant to the County and record it, and return a copy of
the recorded copy to the Edmonds Planning Division with the
Auditor’s recording sticker on it.
3. Prior to framing inspection of the new residence (currently file number
BLD20060682) the applicant shall submit a complete building permit application
for the remodel work to convert the existing single-family residence to a guest
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house, including removing the kitchen facilities, reducing the number of bedrooms
to a maximum of two, and insuring the use is primarily for sleeping quarters. The
building permit shall show floor plans for all levels of the house.
4. Prior to the City issuing final occupancy for the new single-family residence
(currently file number BLD20060682) the City will require the existing single-
family residence at 806 Cary Road be converted to a guest house. Note that a
temporary occupancy for the new single-family house could be issued for a period
not to exceed 60 days while the guest house is being remodeled.
5. The guest house may not be rented out on a short-term or long-term basis.
6. This permit shall expire automatically if any of the following issues arise:
a) Kitchen facilities are added to the guest house;
b) The guest house is occupied by paying tenants;
c) The building in any other way fails to meet the definition of a guest house.
7. The Guest House permit is transferable to new owners of the subject property
unless there is a violation of any conditions of approval listed above.
D. ATTACHMENTS:
1. Vicinity Map
2. Application
3. Snohomish County Assessor’s Records on 806 Cary Road, with Photograph of House
4. Site Plan
5. Guest House Covenant
I have reviewed the application for compliance with the Edmonds Community Development Code.
July 12, 2006
Meg Gruwell, Planning Division Date
Request for Reconsideration
Section 20.95.050.B.2. provides for Staff to reconsider his/her decision or
recommendation if a written request for reconsideration is filed by the applicant within ten
(10) working days of the date of the initial decision. The reconsideration request must cite
specific references to the findings and/or the criteria contained in the ordinances governing
the type of application being reviewed, and include the fee.
Appeals
Section 20.105.010.A describes how appeals of a Staff decision shall be made. The
appeal shall be made in writing, and shall include the decision being appealed along with
the name of the project applicant and the date of the decision, the name and address of the
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individual or group appealing the decision, their interest in the matter, and reasons why the
appellant believes the decision to be wrong, and the fee. The appeal must be filed with the
Development Services Director within fourteen (14) calendar days after the date of the
decision being appealed. Appeals are presented to the Hearing Examiner.
Timeframes
The time limits for Reconsiderations and Appeals run concurrently. If a request for
reconsideration is filed before the time limit for filing an appeal has expired, the time
“clock” for filing an appeal is stopped until a decision on the reconsideration request is
completed. Once the staff has issued their decision on the reconsideration request, the time
clock for filing an appeal continues from the point it was stopped. For example, if a
reconsideration request is filed on day 5 of the appeal period, an individual would have 9
more days in which to file an appeal after the staff issues their decision on the
reconsideration request.
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